In re the Estate of Gorsch
New York Surrogate's Court
Proceeding upon the accounting of executors and for the construction of a will.
1Opinion of the Court
Fowler, S.
Upon the accounting of the executors it became necessary for the surrogate to construe the will of the testator. Accordingly a day was set for *158argument at which time evidence was given by the attorney for the testator respecting his testamentary intentions. This testimony was taken by the surrogate, there being no objection, but with the reservation that the same should be disregarded if incompetent. The testimony will be disregarded by the surrogate. Extrinsic evidence in aid of construction is permissible in comparatively few instances. It is an old rule in causes of this kind…
2Cases cited7 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Mann v. MannNew York Court of Chancery · 1814
- Hoppock v. . TuckerNew York Court of Appeals · 1874
- Campbell v. . RawdonNew York Court of Appeals · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Norton v. Southern Railway Co.City of New York Municipal Court · 1930
- In re the Will of GoodingNew York Surrogate's Court · 1925
- State Farm Mutual Ins. v. WiseMichigan Supreme Court · 1936
- Christen v. SchuertCalifornia Court of Appeal · 1965
- In re the Construction of the Will of BlauaugNew York Surrogate's Court · 1948